Couples seldom plan their lives or envision their days together coping with the problems of an Attention Deficit Hyperactivity Disorder (ADHD) challenged child. When the factors which threaten any relationship become overwhelming and divorce is the answer, the problems of support, custody and visitation take on new dimensions from those often discussed around company water fountains or addressed in simple uncontested divorce proceedings. In his article Beyond "Simple" ADHD, William W. Dodson M.D. writes that ADHD has long been a "controversial diagnosis." For that reason, divorcing parents are likely to dispute the diagnosis before or after the litigation process begins. However, for that same reason Dr. Dobson writes that ADHD is now "one of the best researched disorders in medicine and the overall data on its validity are far more compelling than for many medical conditions." He goes on to say "the adverse consequences of ADH all by itself {as opposed to the condition coexisting with other medical and psychiatric conditions} are well documented and demand that the disorder be diagnosed and treated aggressively. Ignoring the coexistence of other medical and psychiatric conditions accompanying ADHD he terms a "serious mistake." The divorcing parents cannot rely on their circuit court judge's full understanding of this diagnosis or its impact upon their future. Planning in any divorce settlement or final order for the needs of this child may not be addressed unless judge is presented not only with the consequences of the condition but the costs associated with treatment. The sitting judge needs to be aware that where the leading causes of death of persons under 44 years of age is accidental trauma, adolescents with untreated ADHD have 400% more serious injuries and 300% more motor vehicle accidents than treated adolescents or those without ADHD. Educating the ADHD child will require special considerations and often additional costs. The judge considering to allocate such funds must be informed that "despite adequate intellectual ability, adolescents with ADHD are three times more likely to have failed one or more grades, been suspended, or expelled." Eighty percent of persons who drop out of school before attaining a high school diploma have ADHD, an impairing learning disability, or both. Where the incidence of drug abuse remains the same in the early years, after age 15 " the risk of substance abuse triples as compared to the general population." Proper funding for stimulant medications and assigning custody to a responsible parent who will enforce the administration of them "seems to protect against this increased risk." Failure to recognize these factors can lead to disaster for the child's future. - - David L. Hirsch, Attorney at Law |